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692.2 Dissemination of criminal history data---fees.

1. Except in cases in which members of the department are participating in an investigation or arrest, the department and bureau may provide copies or communicate information from criminal history data only to the following:

a. Criminal or juvenile justice agencies.

b. Other public agencies as authorized by the commissioner of public safety.

c. The department of human services for the purposes of section 135C.33, section 218.13, section 232.71, subsection 16, section 232.142, section 237.8, subsection 2, section 237A.5, section 237A.20, and section 600.8, subsections 1 and 2.

d. The state racing and gaming commission for the purposes of section 99D.8A.

e. The state lottery division for purposes of section 99E.9, subsection 2.

f. The Iowa department of public health for the purposes of screening employees and applicants for employment in substance abuse treatment programs which admit juveniles and are licensed under chapter 125.

g. Licensed private child-caring and child-placing agencies and certified adoption investi- gators for the purpose of section 237.8, subsection 2, and section 600.8, subsections 1 and 2.

h. A psychiatric medical institution for children licensed under chapter 135H for the purposes of section 237.8, subsection 2 and section 600.8, subsections 1 and 2.

i. The board of educational examiners for the purpose of carrying out duties imposed under section 272.2, subsection 14.

j. A person or the person's attorney but only with regard to the person's own criminal history data, subject to the identification and fee requirements of section 692.2, subsection 6, and section 692.5.

k. To tribal officials, tribal gaming commissions, or tribal regulatory agency members of a federally recognized Indian tribe engaged in gaming within the state, who are directly responsible for authorized gaming background investigations or licensing pursuant to the Iowa gaming compact.

l. Health care facilities licensed pursuant to chapter 135C for the purposes of section 135C.33.

2. The bureau shall maintain a list showing the individual or agency to whom the data is disseminated and the date of dissemination.

3. Persons authorized to receive information under subsection 1 shall request and may receive criminal history data only when both of the following apply:

a. The data is for official purposes in connection with prescribed duties or required pursuant to section 237.8, subsection 2 or section 237A.5.

b. The request for data is based upon name, fingerprints, or other individual identifying characteristics.

4. The provisions of this section and section 692.3 which relate to the requiring of an individually identified request prior to the dissemination or redissemination of criminal history data do not apply to the furnishing of criminal history data to the federal bureau of investigation or to the dissemination or redissemination of information that an arrest warrant has been or will be issued, and other relevant information including, but not limited to, the offense or delinquent act and the date and place of alleged commission, individually identifying characteristics of the person to be arrested or taken into custody, and the court or jurisdiction issuing the warrant.

5. Notwithstanding other provisions of this section, the department and bureau may provide copies or communicate information from criminal history data to any youth service agency approved by the commissioner of public safety. The department shall adopt rules to provide for the qualification and approval of youth service agencies to receive criminal history data.

The criminal history data to be provided by the department and bureau to authorized youth service agencies shall be limited to information on applicants for paid or voluntary positions, where those positions would place the applicant in direct contact with children.

6. The department may charge a fee to any nonlaw-enforcement agency to conduct criminal history record checks and otherwise administer this section and other sections of the Code providing access to criminal history records. The fee shall be set by the commissioner of public safety equal to the cost incurred not to exceed twenty dollars for each individual check requested. Notwithstanding any other limitation, the de- partment is authorized to use revenues generated from the fee to employ clerical personnel to process criminal history checks for nonlaw-enforcement purposes.

In cases in which members of the department are participating in the investigation or arrest, or where officers of other criminal or juvenile justice agencies participating in the investigation or arrest consent, the department may disseminate criminal history data and intelligence data when the dissemination complies with section 692.3.

Section History: Early form

[C75, 77, § 749B.2; C79, 81, § 692.2; 82 Acts, ch 1120, § 1]

Section History: Recent form

83 Acts, ch 96, § 157, 159; 83 Acts, ch 113, § 2, 3; 84 Acts, ch 1061, § 1; 84 Acts, ch 1265, § 6; 85 Acts, ch 33, § 124; 86 Acts, ch 1245, § 1605, 1606; 87 Acts, ch 59, § 1; 88 Acts, ch 1249, § 19; 88 Acts, ch 1252, § 3; 89 Acts, ch 10, § 1, 2; 89 Acts, ch 283, § 32; 90 Acts, ch 1248, § 3; 90 Acts, ch 1249, § 19; 91 Acts, ch 138, §9; 93 Acts, ch 53, §8; 93 Acts, ch 115, §4; 94 Acts, ch 1130, §16, 17; 95 Acts, ch 191, § 32--;34

Internal References

Referred to in § 692.3, 692.20

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